Should you mitigate your trust in the pedestrian in this situation?
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Correct answer
YES
Explanation
In the video you are driving on a road outside town towards a pedestrian crossing with a traffic island marked with sign C-9; a pedestrian holding his hand to his ear is walking on the crossing, across your lane - he is talking on the phone and not looking at the road. You must limit your trust in this pedestrian. The answer is: yes.
The Road Traffic Act states that a road user has the right to expect that others obey the rules, unless the circumstances indicate that they may behave differently - this is the principle of limited trust. A pedestrian who walks across a crossing while talking on the phone is exactly such a signal: he is not looking at the road, he may stop, step back or change direction, and you must not assume that he will leave the crossing before you get there. Regardless of this, the Act requires you, when approaching a crossing, to exercise particular caution, reduce speed and give way to a pedestrian who is on the crossing - and this pedestrian is already on it, so you stop before the crossing and wait until he leaves your path. Limited trust in practice: you brake early and smoothly, watch the pedestrian, do not move off "behind his back" as soon as he has taken a few steps, and do not use the horn.
Legal basis: Art. 4 and Art. 26 para. 1 of the Road Traffic Act (Prawo o ruchu drogowym); § 47 para. 4 of the Regulation on road signs and signals